General conditions of sale
The General Conditions of Sale aim to define the terms and conditions under which the company SKC2 makes available to consumers and non-professionals the online sale of watchmaking products.
Items
ARTICLE 1 - SELLER & WEBSITE
The site offers for sale mechanical watches, watch accessories (hereinafter the "Products"). It is published by the company SKC2, a simplified joint stock company, registered with the RCS of LYON under number 949 068 068 (hereinafter the "Seller") with capital of €1,000, whose head office is located:
BP24, 2 boulevard Lucien SAMPAIX, 69190 SAINT-FONS.
Intra-community VAT : FR 76949068068
Publication Director : Christophe CHEVRETON
Host : SHOPIFY
The website is accessible at the following address: (hereinafter the “Site”) www.eska-watches.fr
For any questions, the ESKA WATCHES team can be contacted by email at the following address: contact@eska-watches.fr
ARTICLE 2 – ACCEPTANCE OF THE T&Cs
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of Products offered by the Seller on the Site www.eska-watches.fr
Any order made by the Customer implies express acceptance of these general conditions, which the Customer is deemed to have read and accepted.
These general conditions express the entirety of the obligations of the parties. They apply to the exclusion of all other conditions.
They are accessible at any time on the website www.eska-watches.fr and will prevail, where applicable, over any other version or any other document.
The Seller reserves the right to modify the general conditions of sale.
ARTICLE 3 - PRE-CONTRACTUAL INFORMATION
The buyer acknowledges having received, prior to placing his order and concluding the contract, these general terms and conditions of sale and all the information listed in article L. 221-5 of the Consumer Code.
The buyer has access to the following information:
- the essential characteristics of the Product
- the price of the Product
- additional transportation, delivery or postage costs and any other charges that may be payable
- the date or period by which the Seller will deliver the goods,
- information relating to the identity of the Seller and his contact details
- Accessories included with the product
ARTICLE 4 - PRODUCT INFORMATION
The Products governed by these general conditions are those which are on sale on the Site and which are shipped by the Seller. They are offered within the limit of available stocks.
The products are described and presented with the greatest possible accuracy. The buyer is deemed to have read the technical characteristics of the Products before placing the order.
The photographs of the Products on sale are not contractual.
ARTICLE 5 - ORDER
5.1 Placing an order
The buyer places his order online on the Site, from the online catalog and using the form provided therein, within the limit of available stocks. In the event that, after validation of the order, Products become unavailable, the Seller will inform the buyer of this unavailability and the time frame within which the Products could be available. The buyer who does not wish to wait for this availability or in the event of definitive unavailability of the Product, will have the possibility to modify or cancel his order and, where applicable, to request reimbursement of the sums collected within fourteen (14) days following the date of cancellation of the order in accordance with Article L216-3 of the Consumer Code.
Any order implies acceptance of the prices and descriptions of the Products available for sale. Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, including non-payment, incorrect address or other problem with the buyer's account, the Seller reserves the right to block the buyer's order until the problem is resolved. For all orders delivered outside the European Union, the Seller is not responsible for the payment of duties and taxes upon receipt of a product, the buyer must be responsible for the payment of these duties and taxes.
5.2 Validation of the order
During the ordering process, once the Product has been selected, the buyer:
validates his order,
summarizes all the elements of his order,
provides their contact address (email), their delivery address, their shipping method,
checks and modifies if necessary the order details and its total price on the right of the screen,
selects your payment method,
proceed to payment,
Validate your order and the general conditions of sale.
The buyer's order is definitively validated when all these steps are duly documented.
In case of any problem, the buyer can contact the Seller at the following address:
Watches.eska@gmail.com
5.3 Order Confirmation
Once the order has been validated, a confirmation email summarizing the entire order (Product, price, delivery method) is sent to the buyer.
The Buyer has the possibility to modify his order by contacting the Seller by email (e-mail: contact@eska-watches.fr )
ARTICLE 6 - PROOF OF THE TRANSACTION
The computerized records are kept in the computer systems of the Seller's service provider and constitute proof of orders and payments. Purchase orders and invoices are kept on the site of the Seller's service provider.
ARTICLE 7 - RIGHT OF WITHDRAWAL
In accordance with article L.221-18 of the Consumer Code, the buyer has a period of fourteen (14) calendar days from receipt of the Product to exercise his right of withdrawal.
The buyer must inform the Seller of his intention to exercise his right of withdrawal by going to the contact icon of the Site, ✉️, which is located on the home page, ( https://eska-watches.fr )
Once the withdrawal request has been sent and after acceptance by the Seller, the buyer will receive all the necessary instructions to return his order. The unused Product must be returned to the Seller in its original packaging, in perfect condition and accompanied by all its accessories and instructions. Any damaged, incomplete or deteriorated Product will not be refunded or exchanged.
The return of the Product is the responsibility of the Seller.
The Seller will reimburse the price of the Product subject to withdrawal within 14 days following withdrawal or upon receipt of the Product if it occurs after this period.
ARTICLE 8 – FINANCIAL CONDITIONS
8.1 Price
The applicable prices are those indicated on the order date. They are indicated in euros and excluding delivery costs. Any change in the applicable VAT rate will be automatically taken into account and included in the price of the Products. If one or more taxes or contributions were added or modified, either upwards or downwards, the impacts of said changes will be included in the sale price of the Products.
Prices are firm and non-negotiable.
The Seller reserves the right to modify its prices at any time.
8.2 Payment methods
The Products are payable after validation of the order.
To pay for his order, the buyer has the following payment methods available:
- Bank card (Visa, Mastercard)
- Paypal
- Pay in 3 installments with no fees via Klarna
The Buyer is solely responsible for the chosen payment method and guarantees the Seller of his ability to use said payment method.
The Seller reserves the right to suspend an order and/or delivery if the authorization for payment by bank card is refused by the payment providers or in the event of unfinalized or incomplete payment.
ARTICLE 9 – DELIVERY
9.1. Delivery times
Shipping times will be, within the limits of available stocks, those indicated on the site. Shipping times start from the date of registration of the order indicated on the order confirmation email.
The chosen shipping method is DHL shipping.
Deliveries are not possible to Russia, Ukraine and Pakistan.
In the event of non-compliance with the agreed delivery date of his order, the buyer will contact the Seller by email to obtain an updated deadline or information on the status of his delivery. The seller undertakes to do his best to meet the communicated delivery times.
The buyer must contact the seller by registered letter with acknowledgement of receipt in the event of non-receipt of the order so that the seller can initiate proceedings with the company responsible for the shipping service.
9.2 Delivery terms
Delivery is considered effective upon receipt/validation by the buyer of their order delivered by the service provider.
The products are delivered to the address indicated by the buyer on the order form. It is the buyer's responsibility to provide a valid and accurate address. Any package returned to the Seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense. If the buyer is absent on the day of delivery, the delivery person will leave a notice in the mailbox with instructions to follow to complete the delivery.
If at the time of delivery, the original packaging is damaged, torn, open, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because open or damaged).
The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, product missing from the delivery note, damaged package, broken products, etc.). This verification is considered to have been carried out as soon as the buyer, or a person authorized by him, has signed the delivery note.
The buyer must then confirm these reservations to the carrier by registered letter no later than two working days following receipt of the item(s) and send a copy of this letter by email to the Seller at the address contact@eska-watches.fr
If the products need to be returned to the Seller, they must be the subject of a return request to the Seller within 14 days of delivery. Any claim made after this time limit will not be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, etc.).
9.3. Delivery errors
The buyer must notify the Seller on the same day of delivery or at the latest on the first working day following delivery, of any claim for delivery errors and/or non-conformity of the products with the information on the order form. Any claim made after this deadline will be rejected.
The complaint can be made by e-mail: contact@eska-watches.fr
Any claim not made in accordance with the defined rules and within the defined time limits cannot be taken into account and will release the Seller from any liability towards the buyer.
Upon receipt of the complaint, the Seller, after validation of the complaint, will communicate by e-mail to the buyer an exchange number and the process to follow to carry out the exchange. The exchange of a product can only take place after the allocation of the exchange number.
In the event of a validated claim, the product to be exchanged or refunded must be returned to the Seller accompanied by all its accessories and in its original packaging, to the address communicated to the buyer by the seller.
Return costs are the responsibility of the Seller.
ARTICLE 10 - PRODUCT WARRANTY – CONFORMITY AND HIDDEN DEFECTS
10.1. Legal Guarantee
The Seller guarantees the conformity of the goods to the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code or the guarantee of hidden defects of the thing sold within the meaning of Articles 1641 et seq. of the Civil Code.
In the event of implementation of the legal guarantee of conformity, it is recalled that:
- the buyer has a period of 2 years from delivery of the goods to take action;
- the buyer can choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code;
- the buyer does not have to provide proof of the non-conformity of the goods during the 24 months in the case of new goods, following delivery of the goods.
Furthermore, it is recalled that
- the legal guarantee of conformity applies independently of the commercial guarantee indicated below;
- the buyer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code. In this case, he can choose between the resolution of the sale or a reduction in the price in accordance with article 1644 of the civil code.
10.2. Commercial guarantee
The Seller's warranty is valid for a period of 2 years from the order date.
10.2.1. Watches
The commercial warranty covers all manufacturing defects appearing during normal use, as described in the following conditions.
The Seller will replace free of charge any components that are defective due to a manufacturing error noted by the Seller's workshop.
The warranty is not applicable in the following cases:
- Normal wear and tear and aging of the watch (scratched glass, impact on the case, etc.)
- Any type of damage to the entire watch (or part thereof) resulting from improper handling or use, lack of maintenance, neglect, accident (drop, scratch, crushing, broken glass, etc.), incorrect use of the watch or failure to follow the instructions provided by the Seller.
- All types of damage indirectly related to or resulting from normal wear and tear of the watch, such as non-functioning, defects or inaccuracies of the Eska Watches watch.
10.2.2. Bracelets and accessories
Regarding bracelets and accessories, the commercial warranty covers all manufacturing defects appearing during normal use, as described in the following conditions.
The Seller will replace, free of charge, an item that is defective due to a manufacturing error noted by the Seller's workshop (aesthetic defect, stitching, damaged leather, scratched buckle, etc.).
Please note that the warranty does not apply in the following cases:
- Normal wear and tear and aging of the item (discoloration, deterioration of the fabric, etc.).
- All types of damage resulting from mishandling or misuse, neglect, accident (scratch, etc.), incorrect use of the item.
10.2.3. Maintenance and repair
For the maintenance and repair of ESKA WATCHES products, the buyer is invited to use the services of a professional (watchmaker) capable of carrying out these services in accordance with the rules of the art. Failing this, the buyer is informed that the warranty will not be applicable.
ARTICLE 11 – DISPUTES
In the event of a question or dispute regarding his order, the buyer is invited to contact the Seller by email (e-mail: contact@eska-watches.fr )
ARTICLE 12 – APPLICABLE LAW
The law applicable to these general conditions of sale is French law.
For any questions, the ESKA WATCHES team can be contacted, by email, by clicking on the button below